Seeking Solutions for Burial Grounds in New York State

The Elmhurst African American Burial Ground, a current League Seven to Save site, was rediscovered during construction in 2011. Local advocates have been trying to protect the site ever since.

Unexpectedly unearthing human remains is something no one plans for, nor looks forward to. When it does happen, such as in the course of new construction or development, questions are often raised as to what protections New York State offers those remains. Recently this scenario played out in Lake George, with the discovery of a significant burial ground, which included revolutionary war remains and suspected victims of disease, likely smallpox.

It may surprise you to learn that New York State lacks a clear process to protect previously undiscovered burials and known burials on private property. With regard to federal actions, some considerations are given as part of the National Historic Preservation Act. Similarly, the NYS Historic Preservation Act protects burials involving state actions, and incorporated cemeteries are under the jurisdiction of the department of state cemetery division. But what about previously unknown unmarked burials that have been discovered on private land? What about known former cemeteries where the headstones have been removed or quite literally ‘paved’ over to obscure the land’s past use as a burial ground? Or private family cemeteries that often accompany a historic homestead?

These are some of the questions of particular interest to preservationists, archaeologists, and other stakeholders here in New York State, and at the crux of our Elmhurst African American Burial Ground Seven to Save designation. How do we best recognize the past as we simultaneously support needed land development, and balance property owners’ rights? What have other states gotten right in these respects, that New York could emulate? Do we need more education on this topic? More publicly available information or access to burial sites? Increased penalties for improper treatment of burial sites? Joining together archaeologists, preservationists, and other stakeholders, we hope to explore these topics more closely and advocate for statewide improvements.

Above all, we seek a procedure aimed at providing equal protection and ensuring recognition of unincorporated burial locations within New York State. One that seeks to honor and respect the history and culture of all of New York State’s deceased, regardless of race, social standing, or other identifying characteristics. One that establishes a clear and appropriate process, timeline, and agency responsible for accomplishing such laudable goals.

Could your community benefit from comprehensive goals for unincorporated burial grounds? What challenging situations have you seen arise from lack of clarity or protections of burials in your region? Reach out to us to let us know what improvements you’d like to see in terms of recognition, access, process, or regulation — and have your voice heard!